Hermès had seized American justice in January 2022, arguing that Mason Rothschild “(had) violated” et “(continued) to violate” the intellectual property brand and threatened to continue, making and selling the MetaBirkins.
The misuse, and without the company’s consent, of the Birkin and Hermès trademarks”(was) likely to cause confusion and misinterpretation in the minds of purchasers“, said the Parisian house.
The artist argued that his creations fell under the First Amendment to the US Constitution, which protects the freedom of expression.
But the jury ruled that NFTs fell outside the scope of the First Amendment.
“It’s a great day for big brands” more “terrible for artists and the First Amendment“, reacted to Rhett Millsaps, one of Mason Rothschild’s lawyers. Hermès has “acted for protect consumers and brand integrity“, commented a spokesperson for the saddler and leather goods maker.
